Not one bit.
Let me say a little something about Fred Phelps.
I believe that he is one of the most horrible people on the planet. I hope he dies in the not too distant future (a hope that I withhold for only the worst human beings).
I hope that when he dies, tens of thousands, if not hundreds of thousands, of people attend his funeral carrying signs that say “God hates Fred Phelps†or something similar.
I hope that when his vile followers see this turnout, they all commit mass suicide and improve the gene pool of the human race.
In spite of all this, I am a bit worried about SCOTUS is granting cert to the Snyder v. Westboro Baptist Church case.
In its last go-round in court it was decided correctly, in accordance with the Constitution and the Bill of Rights. Why do the big boys need to get their hands dirty here? Why does this case need an “Us Too!”
The Rehnquist Court screwed us with Kelo v. City of New London. I don’t want the Roberts Court to make its big screw up this early in its existence.
Note to self: in the Second Republic, there is another decision path for what the SCOTUS gets to review…
I don’t personally see this to be as clear cut as you do apparently. The case isn’t over whether or not Phelps can say these things. It’s over whether he can be sued for damages caused by his speech.
The First Amendment doesn’t give you a blank pass to say whatever you want without consequences. If I were to go up to subordinates at work and say “want to fuck” or “a blow job might help you get that raise you wanted”, I’d be fired and possibly sued. There would be no criminal consequnce to that speech. But the civil consequence certainly wouldn’t be forgotten any time soon.
Just like I agree with that consequence for that inappropriate speech, I also don’t believe Phelps should be invulnerable to any civil consequences for his ass-hattery.
I have the right to bear arms, but I am responsible for where my bullets land.
Similarly, freedom of speech does not free you from the consequences of what you say.
How much on the side of caution should we err when it comes to determining what is actually “damages” and what is “hurt feelings”?
For instance, in the above example of “a blow job might help you get that raise you wanted†we have a handy handle for determining real damages, a handle that is much more concrete than “it made me cry”. Calling someone an ethnic slur might make them cry, too. Are their tears less valuable than those of a grieving relative? If so, by how many dollars per tear?
The First Amendment doesn’t give you a blank pass to say whatever you want without consequences. If I were to go up to subordinates at work and say “want to fuck†or “a blow job might help you get that raise you wantedâ€, I’d be fired and possibly sued. There would be no criminal consequnce to that speech. But the civil consequence certainly wouldn’t be forgotten any time soon.
Laughingdog: The First Amendment doesn’t apply to your job, because your employer isn’t Congress. (One presumes.) Your example is irrelevant to the subject under discussion.
If Phelps can be sued and assessed crippling fines for his speech, that has a catastrophic chilling effect on his ability to engage in political speech. Even if it is thoroughly vile political speech. And if a judge can do it to him, a judge with different political views can do it to you.